Case Digest: RE: Request for guidance/clarification on Section 7, Rule III of RA

NO 10154, Requiring retiring government employees to secure a clearance of

pendency/non-pendency of case/s from the Civil Service Commission

6/27/2020

ISSUE: Whether or not they said provision is applicable to members of the

judiciary

FACTS: Section 7, Rule III of the Implementing Rules and Regulations of

Republic Act No. (RA) 101541 states that: Notice of Pendency of Case. The
retiring employee shall seek Clearance of Pendency/Non-Pendency of
Administrative Case from his/her employer agency, Civil Service Commission
(CSC), Office of the Ombudsman, or in case of presidential appointees, from the
Office of the President.

DECISION: No

RATIO DECIDENDI: Section 6,2 Article VIII of the 1987 Philippine

Constitution (Constitution) exclusively vests in the Court administrative
supervision over all courts and court personnel.3 As such, it oversees the court
personnel’s compliance with all laws and takes the proper administrative action
against them for any violation thereof. The requirement of seeking a Clearance of
Pendency/NonPendency of Administrative Case from the Civil Service
Commission embodied in Section 7, Rule III of the Implementing Rules and
Regulations of Republic Act No. 10154 is declared INAPPLICABLE to retiring
employees of the Judiciary